SHIV KUMAR SHARMA, J. - (1.) This appeal impugns the judgment dated November 25, 2000 rendered by learned Special Judge, Dacoity Affected Area & Additional Sessions Judge, Dholpur in Sessions Case Nos. 41/1998 (47/1998), whereby the appellant (herein after described as 'accused') was convicted for the offence under Section 302 IPC and sentenced to suffer Imprisonment for life and fine of Rs.500/-, in default to further suffer rigorous Imprisonment for three months.
(2.) As per the prosecution story, while Pooran was at his field on November 7, 1997 the accused came over there, got Beedi and Match-box out of the pocket of Pooran and opened fire with the gun that hit right thigh and abdomen of Pooran who was taken to the Hospital. Injuries of Pooran were examined on November 7, 1997 by Medical Jurist at Dholpur and he was referred to Agra for treatment where he died on November 18, 1997. Case under Section 302 IPC was registered and after usual investigation charge-sheet was filed. In due course the case came up for trial before the learned Special Judge, Dacoity Affected Area & Additional Sessions Judge, Dholpur Charges under Sections 302 IPC and Section 3/25 Arms Act were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 18 witnesses. In the explanation under Sec. 313 Cr. P. C., the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing the final submissions convicted and sentenced the accused as indicated hereinabove.
(3.) It is contended by the learned counsel for the accused that the case does not travel beyond Section 304 Part II IPC for the reason that the incident occurred all of sudden and neither the accused had any motive nor intention to kill the deceased. The cause of death was septicernia and if proper treatment would be available, the deceased could have been saved.;